Appellate Division: Second Judicial Department

M42924

T/cf

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2005-09860 Harold Wilson, etc., et al., appellants, v New York City Health and Hospitals Corporation, respondent. (Index No. 24445/04)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated September 12, 2005, to strike the record on the ground that it is incomplete, to direct the appellants to serve and file a new record, and to enlarge its time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branches of the motion which are to strike the record and to direct the appellants to serve and file a new record are granted to the extent that on or before September 5, 2006, the appellants are directed to serve and file a supplemental record containing the affirmation of Sheila L. Gomez, dated August 26, 2005, submitted in opposition to the appellants' cross motion and in reply to respondent's motion, and the exhibits annexed thereto, and those branches of the motion are otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, and the respondent's time to serve and file a brief is enlarged until October 5, 2006, and the respondent's brief shall be served and filed on or before that date.

FLORIO, J.P., SCHMIDT, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court